Biochemistry
Biochemistry
Biochemistry
Email: info@tsc.co.ke
Website: http//www.tsc.go.ke
TABLE OF CONTENTS
PAGE
INTRODUCTION ……………………………. 2
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SECTION I INVITATION TO TENDER
1.1. The Teachers Service Commission invites sealed bids from Reserved Groups-
YOUTH, WOMEN AND PERSONS WITH DISABILITY only for the SUPPLY
AND DELIVERY OF AIR TIME as indicated in the price schedule.
1.2 Interested eligible candidates may obtain further information from and inspect the
tender documents at Teachers Service Commission House Kilimanjaro Road Upper
Hill, 2nd Floor Podium Wing during normal working hours. Bidders only need fill the
Tender Securing Declaration.
1.3 You may obtain further information, inspect and obtain tender documents at the
Procurement office, Teachers Service Commission House, 2nd Floor, Podium Wing.
A complete hard copy tender document may be obtained by interested candidates upon
payment of a non- refundable fee of Kshs.1,000.00 in cash or bankers cheque payable
to The Secretary, Teachers Service Commission; and attach a copy of receipt to the
Tender Document. Alternatively, the document may be downloaded for free from
www.tsc.go.ke. Prices quoted should be net inclusive of all taxes and delivery
costs, must be expressed in Kenya shillings.
1.4 Completed tender documents are to be enclosed in plain sealed envelopes, marked with
the tender number and tender name and be deposited in the tender box provided at the
TSC House, Podium wing, Third floor, or be addressed and posted to The
Secretary, Teachers Service Commission, Private Bag - 00100, Nairobi to be
received on or before 19th February, 2019 at 11.00am.
1.5 Tenders will be opened immediately thereafter in the presence of the tenderers or their
representatives who choose to attend the opening at Teachers Service Commission
House, 3rd Floor Podium.
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SECTION II - INSTRUCTIONS TO TENDERERS
Table of Clauses
Page
2.1 Eligible tenderers……………………… 5
2.2 Eligible goods…………………………. 5
2.3 Cost of tendering………………………… 5
2.4 Contents of Tender document………………
2.5 Clarification of documents……………… 6
2.6 Amendment of documents…………….. 7
2.7 Language of tender…………………….. 7
2.8 Documents comprising the tender………. 7
2.9 Tender forms…………………………….. 8
2.10 Tender prices……………………………... 8
2.11 Tender currencies…………………………. 8
2.12 Tenderers eligibility and qualifications…… 9
2.13 Goods’ eligibility and conformity to
tender documents………………………….. 9
2.14 Tender security……………………………. 10
2.15 Validity of tenders………………………… 11
2.16 Format and signing of tenders……………. 12
2.17 Sealing and marking of tenders……………. 12
2.18 Deadline for submission of tender ………… 13
2.19 Modification and withdrawal of tenders….. 13
2.20 Opening of tenders………………………… 14
2.21 Clarification of tenders…………………….. 14
2.22 Preminary examination…………………….. 14
2.23 Conversion to single currency…………… 15
2.24 Evaluation and comparison of tenders…….. 15
2.25 Contacting the procuring entity……………. 16
2.26 Award of contract………………………….. 16
(a) Post qualification………………………….. 16
(b) Award criteria…………………………….. 16
(c) Procuring entity’s right to vary quantities…. 17
(d) Procuring entity’s right to accept or
reject any or all tenders …………………… 17
2.27 Notification of award…………………….. 17
2.28 Signing of contract………………………. 17
2.29 Performance security………………………. 18
2.30 Corrupt or fraudulent practices……………. 18
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SECTION II - INSTRUCTIONS TO TENDERERS
2.1.1 This Invitation for Tenders is open to all tenderers eligible as described
in the Invitation to Tender. Successful tenderers shall complete the
supply of goods by the intended completion date specified in the
Schedule of Requirements Section VI.
2.1.3 Tenderers shall provide the qualification information statement that the
tenderer (including all members of a joint venture and subcontractors)
is not associated, or have been associated in the past, directly or
indirectly, with a firm or any of its affiliates which have been engaged
by the Procuring entity to provide consulting services for the
preparation of the design, specifications, and other documents to be
used for the procurement of the goods under this Invitation for tenders.
2.2.1 All goods to be supplied under the contract shall have their origin in
eligible source countries.
2.2.2 For purposes of this clause, “origin” means the place where the goods
are mined, grown, or produced. Goods are produced when, through
manufacturing, processing, or substantial and major assembly of
components, a commercially-recognized product results that is
substantially different in basic characteristics or in purpose or utility
from its components
2.2.3 The origin of goods is distinct from the nationality of the tenderer.
2.3.1 The Tenderer shall bear all costs associated with the preparation and
submission of its tender, and the procuring entity, will in no case be
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responsible or liable for those costs, regardless of the conduct or
outcome of the tendering process.
2.3.2 The price to be charged for the tender document shall not exceed
Kshs.1,000/=
2.4.1 The tender document comprises the documents listed below and
addenda issued in accordance with clause 2.6 of these instructions to
Tenderers
(i) Invitation to Tender
(ii) Instructions to tenderers
(iii) General Conditions of Contract
(iv) Special Conditions of Contract
(v) Schedule of requirements
(vi) Technical Specifications
(vii) Tender Form and Price Schedules
(viii) Tender Security Form
(ix) Contract Form
(x) Performance Security Form
(xi) Bank Guarantee for Advance Payment Form
(xii) Manufacturer’s Authorization Form
(xiii) Confidential Business Questionnaire
2.4.2 The Tenderer is expected to examine all instructions, forms, terms, and
specifications in the tender documents. Failure to furnish all
information required by the tender documents or to submit a tender not
substantially responsive to the tender documents in every respect will
be at the tenderers risk and may result in the rejection of its tender.
2.5.2 The procuring entity shall reply to any clarifications sought by the
tenderer within 3 days of receiving the request to enable the tenderer to
make timely submission of its tender.
2.6.1 At any time prior to the deadline for submission of tenders, the
Procuring entity, for any reason, whether at its own initiative or in
response to a clarification requested by a prospective tenderer, may
modify the tender documents by amendment.
2.6.2 All prospective candidates that have received the tender documents will
be notified of the amendment in writing or by post and will be binding
on them.
2.7.1 The tender prepared by the tenderer, as well as all correspondence and
documents relating to the tender exchange by the tenderer and the
Procuring entity, shall be written in English language, provided that any
printed literature furnished by the tenderer may be written in another
language provided they are accompanied by an accurate English
translation of the relevant passages in which case, for purposes of
interpretation of the tender, the English translation shall govern.
2.8.1 The tender prepared by the tenderers shall comprise the following
components
(a) a Tender Form and a Price Schedule completed in
accordance with paragraph 2.9, 2.10 and 2.11 below
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(b) documentary evidence established in accordance with
paragraph 2.1 that the tenderer is eligible to tender and is
qualified to perform the contract if its tender is accepted;
(c) documentary evidence established in accordance with
paragraph 2.2 that the goods and ancillary services to be
supplied by the tenderer are eligible goods and services
and conform to the tender documents; and
(d) tender security furnished in accordance with paragraph
2.14
2.9.1 The tenderer shall complete the Tender Form and the appropriate Price
Schedule furnished in the tender documents, indicating the goods to be
supplied, a brief description of the goods, their country of origin,
quantity, and prices.
2.10.1 The tenderer shall indicate on the appropriate Price Schedule the unit
prices and total tender price of the goods it proposes to supply under
the contract
2.10.2 Prices indicated on the Price Schedule shall include all costs including
taxes, insurances and delivery to the premises of the entity.
2.10.3 Prices quoted by the tenderer shall be fixed during the Tender’s
performance of the contract and not subject to variation on any
account. A tender submitted with an adjustable price quotation will be
treated as non-responsive and will be rejected, pursuant to paragraph
2.22
2.10.4 The validity period of the tender shall be 60 days from the date of
opening of the tender.
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2.12 Tenderers Eligibility and Qualifications
(a) that, in the case of a tenderer offering to supply goods under the
contract which the tenderer did not manufacture or otherwise
produce, the tenderer has been duly authorized by the goods’
Manufacturer or producer to supply the goods.
(b) that the tenderer has the financial, technical, and production
capability necessary to perform the contract;
(c) that, in the case of a tenderer not doing business within Kenya,
the tenderer is or will be (if awarded the contract) represented by
an Agent in Kenya equipped, and able to carry out the Tenderer’s
maintenance, repair, and spare parts-stocking obligations
prescribed in the Conditions of Contract and/or Technical
Specifications.
2.13.1 Pursuant to paragraph 2.2 of this section, the tenderer shall furnish, as
part of its tender documents establishing the eligibility and conformity
to the tender documents of all goods which the tenderer proposes to
supply under the contract
2.13.2 The documentary evidence of the eligibility of the goods shall consist
of a statement in the Price Schedule of the country of origin of the goods
and services offered which shall be confirmed by a certificate of origin
issued at the time of shipment.
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2.13.3 The documentary evidence of conformity of the goods to the tender
documents may be in the form of literature, drawings, and data, and
shall consist of:
2.14.1 The tenderer shall furnish, as part of its tender, a tender security for the
amount specified in the Appendix to Invitation to Tenderers.
2.14.2 The tender security shall be in the amount of 0.5 – 2 per cent of the
tender price.
2.14.3 The tender security is required to protect the Procuring entity against
the risk of Tenderer’s conduct which would warrant the security’s
forfeiture, pursuant to paragraph 2.14.7
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guarantee or a bank draft issued by a reputable bank located in Kenya
or abroad, or a guarantee issued by a reputable insurance company in
the form provided in the tender documents or another form acceptable
to the Procuring entity and valid for thirty (30) days beyond the validity
of the tender.
2.14.5 Any tender not secured in accordance with paragraph 2.14.1 and 2.14.3
will be rejected by the Procuring entity as non responsive, pursuant to
paragraph 2.22
2.14.7 The successful Tenderer’s tender security will be discharged upon the
tenderer signing the contract, pursuant to paragraph 2.27 and furnishing
the performance security, pursuant to paragraph 2.28
2.15.1 Tenders shall remain valid for 90 days or as specified in the Invitation
to Tender after the date of tender opening prescribed by the Procuring
entity, pursuant to paragraph 2.18. A tender valid for a shorter period
shall be rejected by the Procuring entity as non responsive.
2.16.1 The Procuring entity shall prepare two copies of the tender, clearly
marking each “ORIGINAL TENDER” and “COPY OF TENDER,” as
appropriate. In the event of any discrepancy between them, the original
shall govern.
2.16.2 The original and all copies of the tender shall be typed or written in
indelible ink and shall be signed by the tenderer or a person or persons
duly authorized to bind the tenderer to the contract. The latter
authorization shall be indicated by written power-of-attorney
accompanying the tender. All pages of the tender, except for
unamended printed literature, shall be initialed by the person or persons
signing the tender.
2.17.1 The Tenderer shall seal the original and each copy of the tender in
separate envelopes, duly marking the envelopes as “ORIGINAL” and
“COPY.” The envelopes shall then be sealed in an outer envelope.
(b) bear, tender number and name in the Invitation for Tenders and
the words, “DO NOT OPEN BEFORE,” 19th February, 2019 at 11.00
am.
2.17.3 The inner envelopes shall also indicate the name and address of the
tenderer to enable the tender to be returned unopened in case it is
declared “late”.
2.17.4 If the outer envelope is not sealed and marked as required by paragraph
2.17.2, the Procuring entity will assume no responsibility for the
tender’s misplacement or premature opening.
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2.18 Deadline for Submission of Tenders
2.18.2 The Procuring entity may, at its discretion, extend this deadline for the
submission of tenders by amending the tender documents in accordance
with paragraph 2.6, in which case all rights and obligations of the
Procuring entity and candidates previously subject to the deadline will
therefore be subject to the deadline as extended
2.19.1 The tenderer may modify or withdraw its tender after the tender’s
submission, provided that written notice of the modification, including
substitution or withdrawal of the tenders, is received by the Procuring
Entity prior to the deadline prescribed for submission of tenders.
2.19.3 No tender may be modified after the deadline for submission of tenders.
2.19.4 No tender may be withdrawn in the interval between the deadline for
submission of tenders and the expiration of the period of tender validity
specified by the tenderer on the Tender Form. Withdrawal of a tender
during this interval may result in the Tenderer’s forfeiture of its tender
security, pursuant to paragraph 2.14.7
2.19.6 The procuring entity shall give prompt notice of the termination to the
tenderers and on request give its reasons for termination within 14 days
of receiving the request from any tenderer.
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2.20 Opening of Tenders
2.20.1 The Procuring entity will open all tenders in the presence of tenderers’
representatives who choose to attend, at 19th February, 2019 at 11.00
am and in the location specified in the Invitation to Tender.
2.20.3 The Procuring entity will prepare minutes of the tender opening.
2.21.2 Any effort by the tenderer to influence the Procuring entity in the
Procuring entity’s tender evaluation, tender comparison or contract
award decisions may result in the rejection of the tenderers’ tender.
2.22.1 The Procuring entity will examine the tenders to determine whether
they are complete, whether any computational errors have been made,
whether required sureties have been furnished, whether the documents
have been properly signed, and whether the tenders are generally in
order.
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security forfeited. If there is a discrepancy between words and figures
the amount in words will prevail
2.22.3 The Procuring entity may waive any minor informality or non-
conformity or irregularity in a tender which does not constitute a
material deviation, provided such waiver does not prejudice or effect
the relative ranking of any tenderer.
2.23.1 Where other currencies are used, the procuring entity will convert these
currencies to Kenya Shillings using the selling exchange rate on the
date of tender closing provided by the Central Bank of Kenya.
2.24.1 The Procuring entity will evaluate and compare the tenders which have
been determined to be substantially responsive, pursuant to paragraph
2.22
2.24.2 The tender evaluation committee shall evaluate the tender within 30
days of the validity period from the date of opening the tender.
2.24.3 A tenderer who gives false information in the tender document about
its qualification or who refuses to enter into a contract after notification
of contract award shall be considered for debarment from participating
in future public procurement.
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2.25 Preference
2.25.1 Preference where allowed in the evaluation of tenders shall not exceed
15%
2.26.1 Subject to paragraph 2.21 no tenderer shall contact the Procuring entity
on any matter related to its tender, from the time of the tender opening
to the time the contract is awarded.
(a) Post-qualification
2.27.2 The determination will take into account the tenderer financial,
technical, and production capabilities. It will be based upon an
examination of the documentary evidence of the tenderers
qualifications submitted by the tenderer, pursuant to paragraph 2.12.3
as well as such other information as the Procuring entity deems
necessary and appropriate.
2.27.4 The Procuring entity will award the contract to the successful
tenderer(s) whose tender has been determined to be substantially
responsive and has been determined to be the lowest evaluated tender,
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provided further that the tenderer is determined to be qualified to
perform the contract satisfactorily.
2.27.5 The Procuring entity reserves the right at the time of contract award to
increase or decrease the quantity of goods originally specified in the
Schedule of requirements without any change in unit price or other
terms and conditions
2.27.6 The Procuring entity reserves the right to accept or reject any tender,
and to annul the tendering process and reject all tenders at any time
prior to contract award, without thereby incurring any liability to the
affected tenderer or tenderers or any obligation to inform the affected
tenderer or tenderers of the grounds for the Procuring entity’s action
2.28.1 Prior to the expiration of the period of tender validity, the Procuring
entity will notify the successful tenderer in writing that its tender has
been accepted.
2.28.2 The notification of award will constitute the formation of the Contract
but will have to wait until the contract is finally signed by both parties
2.29.1 At the same time as the Procuring entity notifies the successful tenderer
that its tender has been accepted, the Procuring entity will send the
tenderer the Contract Form provided in the tender documents,
incorporating all agreements between the parties.
2.29.2 The parties to the contract shall have it signed within 30 days from the
date of notification of contract award unless this is an administrative
review request.
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2.29.3 Within thirty (30) days of receipt of the Contract Form, the successful
tenderer shall sign and date the contract and return it to the Procuring
entity.
2.31.2 The procuring entity will reject a proposal for award if it determines
that the tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question.
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Appendix to Instructions to Tenderers
2.3.2 The cost of the manual Tender Document shall be Kshs. 1,000.00
2.10 Tender Validity Period is 150 days from the closing date
2.11 Tender prices may be quoted in Kenya shillings
2.14 Bidders are only required to fill the Tender Securing Declaration
2.15 The bidder shall prepare two (combined Technical and Financial bids
)copies of the tender, clearly marking each “ORIGINAL TENDER” and
“COPY OF TENDER,” as appropriate
2.16 The envelope shall:
(a) be addressed to the TSC at the address given in the Invitation to Tender: The
Secretary, Teachers Service Commission, Private Bag - 00100, Nairobi
(b) bear, tender number and name in the Invitation for Tenders and the words, “DO
NOT OPEN BEFORE,” 19th February, 2019 at 11.00am
2.18.1 Tenders must be received by the Procuring entity at the address specified not later than
19th February, 2019 at 11.00am
2.20 Opening of the combined TENDER will be done in public at the time of closing the tender.
2.30 TSC shall require a 1% unconditional performance security of the total
price quoted in the form of tender to be provided by the successful tenderer
issued by a reputable bank or a PPRA approved insurance company based
in Kenya or by cash (ignore)
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SECTION III: GENERAL CONDITIONS OF CONTRACT
Table of Clauses
Page
3.1 Definitions…………………………………………… 24
3.2 Application………………………………………….. 24
3.3 Country of Origin…………………………………….. 24
3.4 Standards……………………………………………. 25
3.5 Use of Contract documents and information…………. 25
3.6 Patent Rights…………………………………………… 25
3.7 Performance security…………………………………… 25
3.8 Inspection and Tests……………………………………. 26
3.9 Packing…………………………………………………... 27
3.10 Delivery and documents………………………………… 27
3.11 Insurance ………………………………………………. 27
3.12 Payment………………………………………………… 27
3.13 Price……………………………………………………. 28
3.14 Assignments…………………………………………… 28
3.15 Sub contracts………………………………………….. 28
3.16 Termination for default……………………………….. 28
3.17 Liquidated damages………………………………….. 29
3.18 Resolution of Disputes………………………………… 29
3.19 Language and law…………………………………….. 29
3.20 Force Majeure………………………………………… 29
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SECTION III - GENERAL CONDITIONS OF CONTRACT
3.1 Definitions
(b) “The Contract Price” means the price payable to the tenderer
under the Contract for the full and proper performance of its
contractual obligations
3.2 Application
3.2.1 These General Conditions shall apply in all Contracts made by the
Procuring entity for the procurement installation and commissioning of
equipment
3.3.1 For purposes of this clause, “Origin” means the place where the Goods
were mined, grown or produced.
3.3.2 The origin of Goods and Services is distinct from the nationality of the
tenderer.
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3.4 Standards
3.4.1 The Goods supplied under this Contract shall conform to the standards
mentioned in the Technical Specifications.
3.5.1 The tenderer shall not, without the Procuring entity’s prior written
consent, disclose the Contract, or any provision therefore, or any
specification, plan, drawing, pattern, sample, or information furnished
by or on behalf of the Procuring entity in connection therewith, to any
person other than a person employed by the tenderer in the performance
of the Contract.
3.5.2 The tenderer shall not, without the Procuring entity’s prior written
consent, make use of any document or information enumerated in
paragraph 3.5.1 above
3.5.3 Any document, other than the Contract itself, enumerated in paragraph
3.5.1 shall remain the property of the Procuring entity and shall be
returned (all copies) to the Procuring entity on completion of the
Tenderer’s performance under the Contract if so required by the
Procuring entity
3.6.1 The tenderer shall indemnify the Procuring entity against all third-party
claims of infringement of patent, trademark, or industrial design rights
arising from use of the Goods or any part thereof in the Procuring
entity’s country
3.7.1 Within thirty (30) days of receipt of the notification of Contract award,
the successful tenderer shall furnish to the Procuring entity the
performance security in the amount specified in Special Conditions of
Contract.
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3.7.3 The performance security shall be denominated in the currency of the
Contract, or in a freely convertible currency acceptable to the Procuring
entity and shall be in the form of a bank guarantee or an irrevocable
letter of credit issued by a reputable bank located in Kenya or abroad,
acceptable to the Procuring entity, in the form provided in the tender
documents.
3.8.1 The Procuring entity or its representative shall have the right to inspect
and/or to test the goods to confirm their conformity to the Contract
specifications. The Procuring entity shall notify the tenderer in writing
in a timely manner, of the identity of any representatives retained for
these purposes.
3.8.2 The inspections and tests may be conducted in the premises of the
tenderer or its subcontractor(s), at point of delivery, and/or at the
Goods’ final destination If conducted on the premises of the tenderer
or its subcontractor(s), all reasonable facilities and assistance, including
access to drawings and production data, shall be furnished to the
inspectors at no charge to the Procuring entity.
3.8.4 The Procuring entity’s right to inspect, test and where necessary, reject
the goods after the Goods’ arrival shall in no way be limited or waived
by reason of the equipment having previously been inspected, tested
and passed by the Procuring entity or its representative prior to the
equipment delivery.
3.8.5 Nothing in paragraph 3.8 shall in any way release the tenderer from any
warranty or other obligations under this Contract.
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3.9 Packing
3.9.1 The tenderer shall provide such packing of the Goods as is required to
prevent their damage or deterioration during transit to their final
destination, as indicated in the Contract.
3.9.2 The packing, marking, and documentation within and outside the
packages shall comply strictly with such special requirements as shall
be expressly provided for in the Contract
3.10.1 Delivery of the Goods shall be made by the tenderer in accordance with
the terms specified by Procuring entity in its Schedule of Requirements
and the Special Conditions of Contract
3.11 Insurance
3.11.1 The Goods supplied under the Contract shall be fully insured against
loss or damage incidental to manufacturer or acquisition,
transportation, storage, and delivery in the manner specified in the
Special conditions of contract.
3.12 Payment
3.13 Prices
3.13.1 Prices charged by the tenderer for goods delivered and services
performed under the Contract shall not, with the exception of any price
adjustments authorized in Special Conditions of Contract, vary from
the prices by the tenderer in its tender.
3.13.2 Contract price variations shall not be allowed for contracts not
exceeding one year (12 months)
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3.13.3 Where contract price variation is allowed, the variation shall not
exceed 10% of the original contract price.
3.14. Assignment
3.14.1 The tenderer shall not assign, in whole or in part, its obligations to
perform under this Contract, except with the Procuring entity’s prior
written consent
3.15 Subcontracts
3.15.1 The tenderer shall notify the Procuring entity in writing of all
subcontracts awarded under this Contract if not already specified in the
tender. Such notification, in the original tender or later, shall not
relieve the tenderer from any liability or obligation under the Contract
3.16.1 The Procuring entity may, without prejudice to any other remedy for
breach of Contract, by written notice of default sent to the tenderer,
terminate this Contract in whole or in part
(a) if the tenderer fails to deliver any or all of the goods within
the period(s) specified in the Contract, or within any
extension thereof granted by the Procuring entity
3.16.2 In the event the Procuring entity terminates the Contract in whole or in
part, it may procure, upon such terms and in such manner as it deems
appropriate, equipment similar to those undelivered, and the tenderer
shall be liable to the Procuring entity for any excess costs for such
similar goods.
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3.17 Liquidated Damages
3.17.1. If the tenderer fails to deliver any or all of the goods within the
period(s) specified in the contract, the procuring entity shall, without
prejudice to its other remedies under the contract, deduct from the
contract prices liquidated damages sum equivalent to 0.5% of the
delivered price of the delayed items up to a maximum deduction of
10% of the delayed goods. After this the tenderer may consider
termination of the contract.
3.18.1 The procuring entity and the tenderer shall make every effort to resolve
amicably by direct informal negotiation and disagreement or dispute
arising between them under or in connection with the contract
3.18.2 If, after thirty (30) days from the commencement of such informal
negotiations both parties have been unable to resolve amicably a
contract dispute, either party may require adjudication in an agreed
national or international forum, and/or international arbitration.
3.19.1 The language of the contract and the law governing the contract shall
be English language and the Laws of Kenya respectively unless
otherwise stated.
3.20.1 The tenderer shall not be liable for forfeiture of its performance
security or termination for default if and to the extent that it’s delay in
performance or other failure to perform its obligations under the
Contract is the result of an event of Force Majeure.
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SECTION IV - SPECIAL CONDITIONS OF CONTRACT
The clauses in this section are intended to assist the procuring entity in
providing contract-specific information in relation to corresponding clauses
in the General Conditions of Contract.
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SECTION IV - SPECIAL CONDITIONS OF CONTRACT
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SECTION V - TECHNICAL SPECIFICATIONS
5.1 General
5.1.3 All the dimensions and capacities of the equipment to be supplied shall
not be less than those required in these specifications. Deviations from
the basic requirements, if any shall be explained in detail in writing with
the offer, with supporting data such as calculation sheets, etc. The
procuring entity reserves the right to reject the products, if such
deviations shall be found critical to the use and operation of the
products.
5.1.4 The tenderers are requested to present information along with their
offers as follows:
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5.2 PARTICULARS
5.2.1. MANDATORY REQUIREMENTS I:
S/NO REQUIREMENTS TO BE SUBMITTED YES/NO
1. a) Confidential Business Questionnaire (duly signed and
stamped)
b) Duly filled form of tender, signed and stamped
c) Duly filled, signed and stamped price schedule
d) Tender securing declaration form duly filled, signed
and stamped.
2. Statutory Requirements
i) Valid copy of certificate of incorporation/Registration.
ii) Certificate of Registration as disadvantaged group.
iii) Must be an agent of the provider.
iv)Must attach CR12 duly filled
v)Valid business License/Permit
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5.3 TECHNICAL EVALUATION PHASE
Technical Criteria
Max.
No. Evaluation Attribute
Score
1 Number of years in Airtime supply business (provide evidence). Each year 20
of experience @ 2 marks, Maximum points = 20
2 Provide at least 10 clients and references/ or other evidence in form of 30
LPOs award letters e.t.c to which the company has offered similar services
/ goods in the last 3 years. Bidders must provide reference letters on the
employer’s letterhead, and that are duly signed and stamped by the relevant
officer. Bidders must use the format provided in Section 5: Schedule of
Requirements. Each Client @ 3 marks, Max. points = 30
4 Organizational profile – 10
i. Background of organization (5 marks)
ii. Organizational Chart showing titles / roles of different persons to be
involved in this project (5 marks) – should not exceed 5 pages.
5 Provide financial capability (Attach bank statements for the last four 20
months, i.e. October, November, December 2018 and January, 2019 )
6. a) submit the last three (3) years Audited Account (2015,2016,2017)- 20
(10mks)
b) liquidity ratio: 2:1 (5 mks)
1:1 (3 mks)
0.5:1 (2 mks)
TOTAL MARKS 100
ii.)Financial Criteria
Note: In case of discrepancy between unit price and total, the unit price shall prevail
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PRICE SCHEDULE:
ITEM DESCRIPTION UNITS MINIMUM UNIT TOTAL PRICE
CODE ORDER PRICE VAT INCLUSIVE
QUANTITY
SAFARICOM -1000
001 PCS 14,000
DENOMINATION
TELKOM/ORANGE- 1000
002 PCS 5,000
DENOMINATION
AIRTEL -1000
003 PCS 7,000
DENOMINATION
Payment will be made every two Months within 30 days upon receipt of
Invoice(s).
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SECTION VIII - STANDARD FORMS
3. Tender Security Form - When required by the tender documents the tender
shall provide the tender security either in the form included herein or in another
format acceptable to the procuring entity.
4. Contract Form - The Contract Form shall not be completed by the tenderer
at the time of submitting the tender. The Contract Form shall be completed after
contract award and should incorporate the accepted contract price.
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FORM OF TENDER
Date___________________________
_
Tender No.
To:
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CONTRACT FORM
WHEREAS the procuring entity invited tenders for certain materials and spares.
Viz……………………..[brief description of GOODS/ SERVICES and spares] and has
accepted a tender by the tenderer for the supply of those materials and spares in the
spares in the sum of ………………………………………[contract price in words and
figures]
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract referred to.
2. The following documents shall be deemed to form and be read and construed as part
of this Agreement, viz.:
(a) the Tender Form and the Price Schedule submitted by the tenderer;
(b) the Schedule of Requirements;
(c) the Technical Specifications;
(d) the General Conditions of Contract;
(e) the Special Conditions of Contract; and
(f) the Procuring entity’s Notification of Award.
4. The Procuring entity hereby covenants to pay the tenderer in consideration of the
provision of the materials and spares and the remedying of defects therein, the
Contract Price or such other sum as may become payable under the provisions of the
contract at the times and in the manner prescribed by the contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written.
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CONFIDENTIAL BUSINESS QUESTIONNAIRE
You are requested to give the particulars indicated in Part 1 and either Part
2 (a), 2(b) or 2(c) whichever applied to your type of business.
You are advised that it is a serious offence to give false information on this
form.
Part 1 General
Business Name ......................................................................................................
Location of Business Premises .............................................................................
Plot No, ..................................................Street/Road ...........................................
Postal address ................. ……..……Tel No.
.......................................... ………………………………
Fax ……………………………………… Email ..... ..........................................
Nature of Business ...............................................................................................
Registration Certificate No. ..................................................................................
Maximum value of business which you can handle at any one time – Kshs. .
Name of your bankers ..........................................................................................
Branch ...................................................................................................................
Date……………………………………….Signature of
Candidate………………………..
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Tender-Securing Declaration (Mandatory)
We accept that we will automatically be suspended from being eligible for Tendering in
any contract with the Procuring Entity for the period of time of 5 years starting on 1st
April 2016 if we are in breach of our obligation(s) under the Tender conditions, because
we;
a) Have withdrawn our Tender during the period of Tender validity specified in the
Form of Tender; or
b) Having been notified of the acceptance of our Tender by the Procuring Entity
during the period of Tender validity,
(ii). Fail or refuse to furnish the Performance Security, in accordance with the
ITT.
We understand this Tender Securing Declaration shall expire if we are not the successful
Tenderer, upon the earlier of;
Signed: [insert signature of person whose name and capacity are shown] In the capacity
of [insert legal capacity of person signing the Tender Securing Declaration]
Name: [insert complete name of person signing the Tender Securing Declaration]
Duly authorized to sign the Tender for and on behalf of: [insert complete name of
Tenderer]
Dated on ____________ day of __________________, _______ [insert date of signing]
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PERFORMANCE SECURITY FORM
To Teachers Service Commission
AND WHEREAS it has been stipulated by you in the said Contract that the tenderer shall
furnish you with a bank guarantee by a reputable bank for the sum specified therein as
security for compliance with the Tenderer’s performance obligations in accordance with
the Contract.
THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf
of the tenderer, up to a total of ………………………. [amount of the guarantee in words
and figure] and we undertake to pay you, upon your first written demand declaring the
tenderer to be in default under the Contract and without cavil or argument, any sum or sums
within the limits of …………………….. [amount of guarantee] as aforesaid, without you
needing to prove or to show grounds or reasons for your demand or the sum specified
therein.
[address]
[date]
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BANK GUARANTEE FOR ADVANCE PAYMENT FORM
To Teachers Service Commission
In accordance with the payment provision included in the Special Conditions of Contract,
which amends the General Conditions of Contract to provide for advance payment,
…………………………………………………. [name and address of
tenderer](hereinafter called “the tenderer”) shall deposit with the Procuring entity a bank
guarantee to guarantee its proper and faithful performance under the said Clause of the
Contract in an amount of …… …………………. [amount of guarantee in figures and
words].
We further agree that no change or addition to or other modification of the terms of the
Contract to be performed there-under or of any of the Contract documents which may be
made between the Procuring entity and the tenderer, shall in any way release us from any
liability under this guarantee, and we hereby waive notice of any such change, addition, or
modification.
This guarantee shall remain valid in full effect from the date of the advance payment
received by the tenderer under the Contract until ………… [date].
Yours truly,
[address]
[date]
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LETTER OF NOTIFICATION OF AWARD
Address of Procuring Entity
_____________________
_____________________
To:
Tender Name
This is to notify that the contract/s stated below under the above mentioned tender have
been awarded to you.
2. The contract/contracts shall be signed by the parties within 30 days of the date of
this letter but not earlier than 14 days from the date of the letter.
3. You may contact the officer(s) whose particulars appear below on the subject
matter of this letter of notification of award.
(FULL PARTICULARS)
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FORM RB 1
REPUBLIC OF KENYA
PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD
APPLICATION NO…………….OF……….….20……...
BETWEEN
…………………………………………….APPLICANT
AND
…………………………………RESPONDENT (Procuring Entity)
Request for review of the decision of the…………… (Name of the Procuring Entity)
of ……………dated the…day of ………….20……….in the matter of Tender
No………..…of …………..20…
SIGNED
Board Secretary
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